HomeMy WebLinkAboutPW11-263 - Original - Rittenhouse Consulting - SR 516 to 231st Way Levee Acquisition of Right-of-Way Negotiation Services - 08/04/2011 Records M_arva`g* eme�
KENT
Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Rittenhouse Consulting
Vendor Number:
JD Edwards Number
Contract Number: I� ' o2co
This is assigned by City Clerk's Office
Project Name: SR 516 to 231st Way Levee
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: Date of Mayor's signature Termination Date: 12/31/11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Beth Tan Department: Engineering
Detail: (i.e. address, location, parcel number, tax id, etc.):
Provide professional negotiation services for the acquisitionof right-of-way for the project.
5 Publlc\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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KEN T
A I I I I cra"
PROFESSIONAL SERVICES AGREEMENT
between the City of Kent and
Rittenhouse Consulting
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Rittenhouse Consulting organized under the laws of the State of Washington,
located and doing business at 6229 121st Ave. SE, Bellevue, WA 98006-4422, Phone: (206) 714-
0826/Fax: (425) 641-4091, Contact: Anne Rittenhouse (hereinafter the "Contractor").
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
The Contractor shall provide professional negotiation services for the
acquisition of right-of-way for the SR 516 to 2315t Way Levee project. For a
description, see the Contractor's June 7, 2011 Scope of Work which is
attached as Exhibit A and incorporated by this reference.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement, and Contractor shall complete the
work by December 31, 2012.
III. COMPENSATION. The City shall pay Contractor a total amount not to exceed Twenty
Thousand Dollars ($20,000.00) for the services described in this Agreement. The Contractor shall invoice
the City monthly based on time and materials incurred during the preceding month. The hourly rates
charged for Contractor's services shall be as delineated in the attached and incorporated Exhibit A. All
hourly rates charged shall remain locked at the negotiated rates throughout the term of this Agreement.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor's services, or the Contractor is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
PROFESSIONAL SERVICES AGREEMENT - 1
(Over$10,000)
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Contractor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party seven (7) calendar days written notice at its address set forth on the signature
block of this Agreement.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the
Contractor or subcontractor shall not discriminate against any person who is qualified and available to
perform the work to which the employment relates as provided for by the City of Kent's Equal
Employment Opportunity Policy. Contractor shall execute the attached City of Kent Equal Employment
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the
contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive
the expiration or termination of this Agreement.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then
Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Contractor's part.
VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XII. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal,
state, and municipal laws, rules, and regulations that are now effective or in the future become applicable
to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those services. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held
for use in connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
PROFESSIONAL SERVICES AGREEMENT - 2
(Over$10,000)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section VII of this Agreement
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. Should any language in any of the exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall
prevail.
IN WITNESS, the parties below execute this Agreement.. which shall become effective on
the last date entered below.
CONTRACTOR: CITY OF KENT:
By: By
sag tune) p
Print Name: c�� : 4Z__
� tZ '��e��hoks2 lo���, n (signature)
Pri Na
Its: � uzette Cooke
—
(title) It Ma or
DATE:
DATE: W,/Z
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Anne Rittenhouse Timothy 1. LaPorte, P.E.
Rittenhouse Consulting City of Kent
6229 121s` Ave. SE 220 Fourth Avenue South
Bellevue, WA 98006-4422 Kent, WA 98032
(206) 714-0826 (telephone) (253) 856-5500 (telephone)
(425) 641-4091 (facsimile) (253) 856-6500 (facsimile)
PROFESSIONAL SERVICES AGREEMENT - 3
(Over$10,000)
APPROVED AS TO FO M:
Ke t Law Department
PROFESSIONAL SERVICES AGREEMENT - 4
(Over.$10,000)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of �.��� , 20�.
By
For:
Title: � e T
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Rittenhouse Consulting Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the
Agreement known as SR S16 to S. 2315t Way Levee that was entered into on the August 4,
2011, between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this±_ day of 201 3 .
By:
For: :��e»��o��
Title:
Date: -N3
EEO COMPLIANCE DOCUMENTS - 1
1
Rittenhouse Consulting
Right-of-Way,Relocation and Real Estate Services
q< r�
EXHIBIT A
June 7, 2011
Beth Tan, P.E , Engineer 3
Environmental Engineering
400 W Gowe St.
Kent, WA 98032
RE: SR 516 to 231"Way Levee Project,#09-3006
Dear Ms. Tan:
Thank you for allowing me to submit a proposal on the above-referenced project, as outlined in
our meeting on June 3rd. Please accept this letter as a Consulting Proposal/Scope of Work as
follows:
PROPOSAL/SCOPE OF WORK
This Proposal/Scope of Work is for Profession Negotiation for the acquisition of right-of-way
needed for the following four parcels:
1. Private roadway in Signature Point @ SR516 - Title Report# 1137539
2. Three parcels adjoining easterly right-of-way of Russell Road between James St. and
53`d Ave. S. - Title Reports# 1114182, 1114183 and 1114184.
It is estimated that this work will take approximately$5,000 per parcel,for a total of$20,000,
and will be billed at$85 per hour
Preparation of the necessary packets needed for the negotiation and acquisition work will be
performed under the direction of your consultant Jerry McCaughan, of GB McCaughan&Assoc.
The City will provide, where applicable, the most recent engineering/utility/design plans, title
reports and appraisals at the beginning of the project, and will provide any changes to plans,
supplemental title reports, etc., throughout the project The City will also provide approved
documents (i.e. deeds, utility/easements, etc) for negotiator packets. Excise Tax Affidavits,
where applicable, and vendor forms will be completed by Rittenhouse Consulting. The City will
arrange appraisal schedules so that the negotiator agent can be present.
Additional standard charges such as mileage and customary reimbursements (copies, long
distance phone calls, etc ), if any, will be billed at actual cost.
6229121"Avenue SE+Bellevue, WA +98006-4422
Office 206-714-0826+Fax 425-641-4091+Rltts@contcastnet
The potential remaining 14 properties, if needed, will be addressed at a later date when more
detailed information is available.
NOTE: This proposal does not include the preparation of legal documents until said documents
have been approved by the appropriate agencies.
MISSION STATEMENT
Rittenhouse Consulting will represent the City of Kent professionally and ethically at all times,
and treat property owners with respect.
If you require anything further from me, please do not hesitate to contact me.
Sincerely,
Anne Rittenhouse, SR/WA, R/W-RAC, R/W-NAC
Owner, Rittenhouse Consulting
622912l'Avenue SE♦Bellevue, WA ♦ 98006-4422
Office 206-714-0826♦Fax 425-641-4091♦Rius@conicasf.net
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Consultant's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single
it for bodily injury and property damage of $1,000,000 per
accident.
2. Commercial General Liability insurance shall be written with limits
no less than $1,000,000 each occurrence, $2,000,000 general
aggregate and a $1,000,000 products-completed operations
aggregate limit.
EXHIBIT B
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the Consultant and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
07/11/2011 16:17 4259171315 HLRABLE & DAVENPORT PAGE 01/01
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYI�
07/11/2011
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(es)must be endorsed. If SUBROGATION IS WAIVED,subject th
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PROCNICER CQNTAUT
NAME'
Humble & Davenport Insurance Brokers, Inc. jpreNJ Extr•PHONE 425.226.8221 ACNo_42_S.2S5.9342
3500 Maple Valley Highway n oAREss- ^
Renton, WA 99055 PRODUCER
C}t91.OMER 10#: _
_ INSURERIS)AFFOROINO COVERAGE _ NAIC N
INSURED INSURCRA: Maryland Casualty Insurance Co.4
Rittenhouse Consulting INSURPRB-. Darwin Select Insurance Co.
6229 121st Avenue SE INSURER0: __ u
Bellevue, WA 99006-4422 1 INSURERDt ti
INSURER E; _
INSURER F: -
COVERAGES CERTIFICATE NUMBER:GL/AU/SG REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR TYPE OF INSURANCE INSR WVD ~POLICY NUMBER MM/DD(YYY MM/OOPMV LIMITS
PENERAL LIABILITY PAS00014067 5 09M612011 09)1612012 EACH OCCURRENCE S 1,00�QO
X COMMERCIAL GENERAL LIABILITY T�� $ 1 000r 000
I;MISES�Eaetturr?nFe)_- ,_
_ CLAIMS-MADE OCCUR OCCUR _MED EXP(Any one person) S 10,00
A PERSONAL B,ADV INJURY $
ry GENERALAGGRWATE .$ 2,000.000
GENII.AGGREGATE LIMIT APPLIES PER, PRODUCTS.COMPIOPAGG S 2,000,000
X POLICY F L 0 C 9
AUTOMOBILE LIA131LITY PAS00014067 09116/2011 09116/2012 COMBINED SINGLE,LIMIT
(En Awldenq $
ANY AUTO 1,000,00
ALL OWNED AUTOS BODILY INJURY Toe parscn) S
BODILY INJURY(Per mac llt) $
A SCHEOULEDAUTOS PROPERTYDAMACX S
X HIREDAUTOS (Par acedent)
X NON-OWNED AUTOS Ei_',
UMBRELLAUAI UR EACH OCCURRENCEEXCESS LIAR SMADEAGGREGATE,
DEDUCTIBLE _.. $
RETENTION S $
XIIIIII PAS00014067S 091IW2011 091IW2012 we sT ru- X CTH-
ANDEMPLOYERS'LIAMLITY YIN JZYLIMIT ER_
ANY PROPRIETORIPARTNERIEXECUI WA STOP GA E L EACH ACCIDENT $ 1,000,Q00
A OFFICERiMEMBER EXCLUDED? N(A
(Mendaforyln NH) EL DISEASE-EA EMPLOYEE $ 11000,00C
tryea daeeribo under —'
DESCRIPTION OF OPERATIONS below El DISEASE.POLICY LIMIT $ 1 000 000
B Professional Liability. 0305398 03/1212011 03/12/2012 $1M Occurrence
SIM Aggregate
ESCRIPTIO OF OPERATIONS/LOCA OH$I VEHICLES (Attach ACORD 101.Additional Remarks Schedule,If Motu space la Mqulrad)
Riy9it of way consuJM-ing
artificate holder included as an additional insured with respects to the work performed by the
tmed insured for the certificate holder.
Werage is Primary/Non-Contributory.
ERTIFICATE HOLDER CANCELLATION
AX: 2S3.856.6500
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
City of Kent / Attn: Engineering Dept. AUTHORI7,ED REPRESENTATIVEAttn: Nancy Yoshitake
220 "4th" Avenue S
Keritp WA 98032 Robert: Davenport/Bon
01988.2009 ACORD CORPORATION. All rights reserved.
:ORD 25(20091091 Tho nrIoRn names a^4 logo are registered marks of ACORD
Received Time Jul. 11. 2011 4: 14PM No. 7828
0910912009 14:39 Humble&Davenport (FAX)425 255 9342 P.0031020
COMMERCIAL GE14ERAL LIABILITY
CG 2010 07 04
EAD IT CAREFULLY.
ADDITIONAL INSURED - OWNERS LESSEES OR
CONTRACTORSCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Ensured Person(s)
Or Or anization c • Location(s)Of Covered Operations
As required by written agreement
or contact.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations,
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional exclu-
organization(s) shown in the Schedule, but only sions apply
with respect to liability for"bodily injury", "property „
damage" or "personal and advertising injury" This Insurance does not apply to bodily injury" or
caused,In whole or in part, by property damage occurring after
r sed,You in w ole ororomi in ions; or 1. All work, including materials, parts or equip-
ment furnished in connection with sslCh_vrork,
2 1 he acts or omissions at ose acing on your on the project(other than service, maintenance
behalf, or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the location(s) desig- covered operations has been completed, or
rated above. 2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project
C113 2n 1 n 97 04 0 ISO Proportica, Inc., 2004 Pagel of 1
—Received Time—Sep. 9, -2009 2: 38PM No. 4837
09109/2009 14:39 Humble&Davenport (FAX)425 255 9342 P.0041020
POLICY #PASOOD140675
For Primary coverage see rage 12
COMMERCIAL GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY COVERAGE FFFFFFFFFORM
Various provisions in this policy restrict coverage- Read the entire policy carefully to determine
rights, 1.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the
Declarations,and any other person or organization qualifying as a Named Insured under this policy.
The words "we", "us" and "our"refer to the Company providing this insurance
The word"Insured"means any person or organization qualifying as such under SECTION II- WHO
1S AN INSURED.
Other words and phrases that appear In quotation marks have special meaning.Refer to SECTION
V -DEFINITIONS.
Coverage provided by this form is also subject to all the Conditions in the COMMON POLICY
CONDITIONS form.
SECTION OF THIS FORM BEGINS ON PAGE
Section I- Coverages ...... 1
Coverage A. Bodily Injury and Property Damage Liability.—1
Coverage B. Personal and Advertising Injury Liability
Coverage C. Medical Expenses 7
Supplementary Payments- Coverages A and
Section It - Who is An Insured—„.__ � 8
Section III - Limits of Insurance
Section IV - Commercial General Liability Conditions..__._._._-. I I
Section V - Dof€nitions..„.._____+.._____.____.__ ___ 13
Section VI - Broad Forrn Nnrlasr Fxrlricinn I€
SECTION I - COVERAGES not apply. We may, at our discretion,
COVERAGE A BODILY INJURY AND PROPERTY
investigate any "occurrence" and settle
DAMAGE LIABILITY any claim or "gulf that may result But
1. insuring Agreement 11 i The amount we will pay for dam-
ages is limited as described in SEC-
a- We will pay those sums that the insured TION Ill-LIMITS OF INSURANCE,and
becomes legally obligated to pay as (2) Our right and duty to defend end
damages because of "bodily injury" or when we have used up the apply
"property damage" to which this insur- cable limit of insurance in the pay-
ance applies.We will have the right and ment of judgments or settlements
duty to defend the insured against any unripr C-, eirage;A - or-_r_al
_l
"suirsaw ng r Oise amages.However, expenses under Coverage C.
we will have no duty to defend the in-
sured against any "suit:' seeking dam- No other obligation or liability to pay sums
ages for "bodily injury" or "property or perform acts or services is covered
damage" to which this Insurance does unless explicitly providod for under
lr,46, r:gd#rnd rtmvia]of vrue"m Sevkm OIF=lrc.rnh Im Pam yin
Cmyro Imo, a swl=grim 1z 1 E97
9S2001 Ed. 4-99 CCPrrdNL 19 Wbry rdC' IW CUIPnv.031001 id"I 1Md"11410 Page 1 of 17
—Received Time—Sep. 9. -2009 2, 38PM—No. 4837
0910912009 14:40 Humble& Davenport (FAX)425 255 9342 P.0051020
SUPPLEMENTARY PAYMENTS - COV- (b) Such attorney fees and liti ation
ERXG expenses are or defense of that
b This insurance applies to "bodily injury party against a civil or altama-
and "property damage' only tive dispute reso€ution proceed-
ing in which damages to which
11) lire"hnAly inji i rr"or"property clam— this in uranna applies are alleged
age" is caused by an "occurrence"
that takes place in the "coverage c Liquor Liabiiily
territory"; and "Bodily injury"or"property damage"for
_ which any insured may be held liable b
(Z Tho'bodily injury"or"property dam reason of
age" occurs during the policy pe-
riod. (1) Causing or contributing to the in-
c. Damages because of"bodily injury"in- toxIcation of any person;
clude damages claimed by any person (2) The fuinfsh�n��vor��
or organization for care, loss of ser- ages to a person under the legal
vices or death resulting at any time from drinking age or under the influence
the "bodily injury". of alcohol; or
2. Exrfuslons (2) Any statute, ordinance or regulation
This insurance does not apply to: relating to the salo, gift, distribution
or use of alcoholic beverages.
a. Expected Or intended Injury This exclusion applies only if you are in
expected or intended from the stand- uting, selling, serving or furnishing al-
point of the Insured This exclusion does ccholic beverages.
not apply to"bodily Injury" resulting from d Workers' Compensation And Similar
the use of roasonable force to protect Laws
persons or property.
b. Contractual Liability Any obligation of the insured under a
workers' compensation, disability ben--
'Bodily injury"or"property damage"for efts or unemployment compensation law
whi
�F, F.., insured ..I-.I:na.. _ 12
damages by reason of the assumption e, Employer's Liability
of liability in a contract or agreement
This exclusion does not apply to liability "Bodily Injury" to:
for damages:
(1} An "employee" of the insured arts-
(1) That the insured would have in the ing out of and in the course of:
absence of the contract or agree,
men; or la) Employment by the insured; or
(2) Assumed in a sentraet ar agpe (b) Performina duties related to the
that Is an "insured contract", pro- conduct of the Insured's busi-
vided the "bodily injury" or "prop-- ness; or
erty damage" occurs subsequent to 12) The spouse,child,parent, brother or
the execution of the contract or sister of that"employee" as a con—
agreement Solely for the purposes sequence of Paragraph (1)above.
of liability assumed in an "insured
contrar-C, reasonable attorney fees This exclusion applies:
and necessary litigation expenses (1) Whether the insured may be liable
incurred by or for a party other than as an employer or In any other ca-
an insured are deemed to be dam- pacity; and
ages because of "bodily injury" or
"property damage", provided (2) To any obligation to share damages
with or repay someone else who
N11 I iAkillt1 to a 1r•h parts F oG or,
must pay damages e of the
the cost of,that party's defense injury,
has also been assumed in the
same"Insured contract"; and This exclusion does not apply to liability
assumed by the insured under an 'in-
sured cunti
tl&daa capy6dnad M1�1a1 r(6c,n=SkW=016ra Im,alvr it,Fmnxhm
cs, r�+.ira�.arca s�iranarm 1Y, 1�
9S2001 Ed. <I-99 C Kndt,ISRSL N mirprd r,ggiry 0Xatry,oa to DEUT.1 1=12ni rmivt Page 2 of 17
—Received Time—Sep. 9, -2009— 2: 38PV—No. 4837
09/09/2009 14:40 Humble&Davenport (FAX)425 255 9342 P.0061020
f. Pollution on any insured's behalf are per-
(1) "Badily injury"or"property damage" orm ng operations If the "pol-
arising out of the actual, alleged or lutants' are brought on or to the
threatened discharge, dispersal, premises,site orlocaffon in con-
seepage, migration, release or es- nection with such operations bcape of m'poilutantg�
contractor. However, this sub-
(a) At or from any premises,site or paragraph does not apply to-
location which is or was at any (� "Bodily injury" or "property
time owned or occupied by, or
rented 0 one o, any insure . escape of fuels,lubricants or
However.this subparagraph doss other operating fluids which
not apply to: are needed to perform the
{I) "Bodily injury" if sustained normal electrical,hydraulic or
—witHri a building and caused mechanical unctions neces-
by smoke, fumes, vapor or sary for the operation of
soot from equipment used to "mobile equipment' or its
heat that building; parts,if such fuels,lubricants
(II) "Bodily Injury" or "property or other operating fluids or-
damage" for which you may cape from a vehicle part
designed to hold, store or
be held liable, if you are a receive them.This exception
contractor and the owner or does not apply if the"bodily
lessee ch nrpmi
ry or grope amage
or location has been added arises out of the intentional
to your policy as an additional discharge. dispersal or re-
insured with respect to your
lease of the fuels, lubricants
ongoing operations per- or other operating fluids, or
formed for that additionai If such fuels, lubricants or
insured at that premises,site other operating fluids are
or location and such pre- brought on or to the pre-
mises, site or location is not mises, site or location with
and never was owned or [he MOILML thdL Lfiey be is-
occupied by, or rented or charged, dispersed or re-
loaned to,any insured,other leased as part of the opera-
than that additional insured; tions being performed by
or such insured, contractor or
(iii) "Bodily injury" or "property subcontractor;
damage"arising out of heat, (iI) "Bodily injury" or "property
smoke or fumes from a damage" sustained within a
"hostile fire"; building and caused by thn
lb) At or from any premises, site or release of gases, fumes or
location which is or was at any vapors from materials
time used by or for any insured brought into that building in
or others for the handling, stor- connection with operations
age, disposal, processing or heiny perfermad by you or
treatment of waste; on your behalf by a contrac-
{e) Which are or were at any time tor or subcontractor; or
transported, handled, stored, Iiii) "Bodily injury" or "property
treated, disposed ofr or pro- damage" arising out of heat,
sassed as waste by or for any smoke or fumes from a
insured or any parson or orga- "hostile fire", or
nization for whom you may be (e) At or from any premises, site or
legally responsible; r_•
(d) At or from any promises, site or any contractars or subcontrac-
location on which any insured or hors working directly or indirectly
any contractors or subcontrac- on any insured's behalf are per-
tors working directly or indirectly forming operations if the opera-
Ird�ccpyrigilw rrausial of 1s sorolm,❑IGa,im w•T lu pml=kn
r! IM7 L{cpy Imm ry 5&v1=0IRM he IS37
952001 Ed. 4-99 �+ luniy2MraaaI [ory+l•anwotW"Ilurivdr in= gags 3 of 17
—Received Time—Sep, 9. -2009— 2:38PM No. 4837
0910912009 14:40 Humble&Davenport (FAH)425 255 9342 P.0071020
tions are to test for, monitor, (4) Liability assumed under an "insured
remove,cluari up, treat, contract' or the ownership, main-
detoxify or neutralize, or In any tenance or use of aircraft or wa-
way respond to, or assess the tercraft;
effects of, "pallutantsg'. 151 "Bodily injury"or"property damage"
(21 Any loss castor expens€arising out arising out or the operation of any
of any: of the equipment listed in Paragraph
(a) Request,demand,order or state- f.(2)or 1_(3)of the definition of'mo-
tory or regulatory requirement bile equipment'; or
insuredthat any or o n aircraft you do not own that you
for, monitor, clean up, remove, charter with crew.
contain, treat, detoxify or neu-
tralize,or in any way respond to,
or assess the effects of "pal- "Bodily injury"eF "prapert• darnayr
lutants", or arising out of:
Ib) Claim or suit by or on behalf of (1) The transportation of"mobile equip-
a governmental authority for ment" by an"auto"owned or apar-
damages because of testing fnr, atad by or rented or loaned to any
monitoring,cleaning up, remov- Insured; or
ing,containing,treating,detoxi-
fying or neutralizing, or in any (2) The use of "mobile equipment' in,
way responding to, or assess-- orwhife in practice for,orwhile being
• _ .e__ _rr. of
n i. ..r....-.�...J F ,s- �—
ing, speed, demolition, or stunting
However, this paragraph does not activity.
apply to liability for damages because L War
of "property damage" that the in-
sured wuuld have in the absence of "Bodily injury"or'property damage"due
such request, demand, order or to war,whether or not declared, or any
statutory or regulatory requirement, act or condition incident to war. War
or such claim or"suit' by or on be- includes civil war, insurrection, rebel-
half of a governmental authority liar,e r .ri_. TF.•..exef.._r
f r2V6ioovi; rills e�ccros
g_ Aircraft Auto Or Watercraft only to liability assumed under a con—
tract or agreement
"Bodily injury" "property damage" j. Damaga To Property
arising out of thehe ownership, mainte-
nance, use or entr ustment to others of "Property damage" to:
any aircraft,"auto"or watercraft owned
ar operated by or rented or loaned to (1) Property you own,rant, or occupy;
any insured.Use includes operation and (2) Premi yo
u u sell,
"loadin or unloading" - L y�Y - give away o aban—
.
This exclusion does not apply to: out of any part of those premises.
(1) A watercraft while ashore on pre— (3) Property loaned to you;
mises you own or rent; (4) Personal ro e p p rty in the rare, cus-
(2) A watercraft you do not awn that tody or control of the insured;
Is: (5) That particular part of real property
(a) Less than 51 feet long;and on which you or any contractors or
subcontractors working directly nr
(bl Not being used to carry persons indirectly on your behalf are per—
or property for a charge; . forming operations, if the"property
(3) Parking an"auto"on,or on the ways damage"arises out of those opera—
next to, premises you own or rent, tions; or
piuvidedtha"a="is no wne y 16) That particular part of any property
or rented or loaned to you or the that must be restored, repaired or
insured, replaced because "your work" was
incorrectly performed on it
�rdmbm ayprd7W=ivim"r ii " =ssv=oiam kc,vJu,ie e„d=m
952001 Rd, 4-29 ir-.�i��.o"o aodj6 Gimt r"d rwinm;
cyryrtd>_ rasa,m"y w c"m ' Page 4 of 17
Received Time Sep, 9. 2009 2: 38PM—No. 4837
0910912009 14:41 Humble&Davenport {FA)()425 255 9342 P.0081020
Paragraphs( ),(3)and (41 of this exclu- the loss of use, withdrawal recall in-
sbi I do not apply to-property clarnaff spection,repair,replacement,adjustment
to premises, including the contents of removal or disposal of.
such premises,rented to you for a pe-
riod of 7 or fewer consecutive days.A P
separate limit of insurance applies to (2) "Your WoFkff, or
Tenants Legal Liability as described in
SECTION III - LIMITS OF INSURANCE. (3) "Impaired property";
Paragraph(2)of this exclusion does not If such product, work, or property is
apoly if the premises are 'your work'
withdrawn or recalled from the market
and were never occupied,rented or held or from use by any person or organi-
for rental by you. zation because of a known or suspected
defect, deficiency, inadequacy or dan-
Paragraphs (3), [4), (5) and (6) of this gerous condition In It
exclusion do not apply to liahillty as- o Professional
sutned under a sidetrack agreement
Paragraph (5)o f this exclusion does not 111 "godly injury"or"property damage"
apply to- "property damage" included in arising out of the rendering or fail-
the 'products-completed operations ure to render any professional ser-
hazard" vice, including but not limited to:
k Damage To Your Product (a) Accounting,advertising,architec-
tural,drafting,engineering,finan-
'Property damage" to "your product' cial, insurance or legal
or any part of it advice and instruction;
L Damage To Your Work (b) Medical, cosmetic, dental, ear
"Property damage"to"your work"aris- piercing,hair dressing,massage,
ino out of It or any part of it and in- physical therapy. veterinary,
cluded in the"products-completed op- nursing, surgical or x-ray ser-
erations hazard". vices, advice and instruction;
This exclusion does not apply if the (c) Use of any tanning booth, tan-
damaged work or the verb ni rt nf, ,ham ninq bed tanning eaubment or
the damage arises was performed on tanning device;
Your behalf by a subcontractor. (d) Laboratory operations or Ber-
m. Damage To Impaired Property Or Prop vices, whether medical or not,
erty Not physically Injured and
"Property damage" to "Impaired prop- (e) Services performed as a funeral
arty"or property that has not been physi- director or as an operator of a
cally injured, arising out of cemetery; and
A
e ec, e Ic ency, Ina quacy or vice or
dangerous condition in"your prod- instruction for the purpose of
uct' or "your work"; or appearance or skin enhancement,
hair removal or replacement or
12) A delay or failure by you or anyone personal grooming.
acting on your behalf to perform a
contractor agreement in accordance (2) This exclusion does not apply to.
with its terms. [a) Pharmacological services If:
This exclusion does not apply to the loss fl You do business aq a retail
of use of other property arising out of drugstore and do not manu-
sudden and accidental physical injury to facture or compound in bulk
,your product/ or "your work' after it pharmaceuticals for sale by
has been put to its intended use_ others; and
Recall c s, or r impaired 110 The"bodily injury"or"prop-
Property erty damage" is not caused
Damages claimed for any loss, cost or by the willful violation of apenal statute or ordinance
expense incurred by you or others for
kxN&. Rumddal al Irat -e I=or"I e wU,lu FrdsdM
" ITv, Sevi=C)M.%Ire. 1897
9S20p 1 Ed, 4-99 CcMdShl Imo_,r.ti r�d Wnniry u�nrtl.�"rnao;acal tad a d rwL�vq Page 5 of 17
—Received Time—Sep. 9, -2009— 2: 3M No. 4837
0910912009 14:41 Humble&Davenport (FAH)425 255 9342 P.0091020
I
relating to the sale of phar- the offense was committed in the"cov-
!11111-uUticals by or with the erage err o during the policy per-
knowledge or consent of any riod
insured;
2. fcxcluslons
(b) Optical or hearing aid services,
including-'a pA escl ibing, PFepa- This inrur;innm does net apply tol
ration,production,mounting, fit- a. "Personal and advertising in)ury'";
ting, demonstration or distribu-
tion of ophthalmic lenses and (1) Caused by or at the direction of the
similar products or hearing aid insured with the knowledge that the
services. act would violate the rights of an-
other and would inflict"personal and
p. Personal And Advertising Injury advertising injury";
"Bodily injury" arising out of "personal (2) Arising out of oral or written pub-
and acl=tis Icat2 of material, if done by or at
Exclusions c,through o.do not apply to"prop- the direction of the insured with
erty damage" to premises while rented to you knowledge of Its falsity;
or temporarily occupied by you with permis- (3) Arising out of oral or written pub-
sion of the owner.A separate limit of Insurance ligation of material whose firstpub—
applies to Tenants Legal Liability, as described IicaE(on took place before the be-
an SECTION III - LIMMS OF INSURANCE, ginning of the policy period;
COVERAGE 13. PERSONAL AND ADVERTISING (4) Arising out of the willful violation
u n too t tnnn m,
a penal statute or ordinance com-
a. insuring Agreement rri by or with the consent of any
Insured;
a We will pay those sums that the insured (5) For which the insured has assumed
becomes legally obligated to pay as agreement
t or a i n a contract damages because of"personal and ad- liability9
vertising injury" to which this insurance This exclusion does not apply to li-
applics. We will have the right and duty ability for damages that the insured
" would have in the absence of the
to defend the insured against any suit' .,,.+ .... _.._....-..
those „n+r
will have no duty to defend the insured (6) Arising out of a breach of contract,
against any "suit' seeking damages for except an implied contract to use
"personal and advertising injury"to which another's advertising idea in your
this insurance does not apply. We may, "ndvertfsemenf';
at our discretion,investigate any offense
and settle any claim or "suit" that may (7) Arising out of the failure of goods,
result But products or services to conform with
any statement of quality or perfor-
(1) The amount we will pay for dam- F nn a�� ••_•, ., _y
ages Is limited as described in SEC-
TIONwrong III-LIMITS OF INSURANCE;and 9 g descrip-
Eion of the price of goods, prod-
12) Our right and duty to defend end ucts or services stated in your"ad-
when we have used up the appli- vertisoment';
cable limit of insurance in the pay-
ment of judgments or settlements 0) Committed by an insured whose busi-
under Coverages A or B or medical tress is advertising, broadcasting,
expenses under Coverage C. publishing or telecasting. However,
this exclus(on does not apply to
No other obligation or liability to pay sums Paragraphs t 4.a.,b.and c.of"per-
or perform acts or services is covered sonal and advertising injury' under
unless explicitly provided for under SECTION V - DEFINITIONS; or
SUPPLEMENTARY PAYMENTS - COV-
nr_cc A OND n inn ., ..etual
threatened discharge, dispersal,
b. This insurance applies to "personal and seepage, migration, release or es-
advertising injury' caused by an offense cape of"pollutants" at any time.
arising out of your business but only If
l+duh�tYlryri�Jpdm1c61NO, sw St noelan F197NhIle pmis�m
rq/ri A heuart9 Strvias also.12,i997
9S2001 Ed 4-99 cT*+EK MR Kry UW a=iry t�p";,MS l"",bllud I L prd m+ititao Page 6 of 17
Received Time Sep. 9. 2009 2: 38PM No. 4831
0910912009 14:41 Humble 9 Davenport (FAX)425 255 9342 P.0101020
b_ Any loss, cost or expense arising out a. To any insured.
of any.
b. To a person hired to do work for or on
(1) Request, demand or order that any behalf of any insured or a tenant of any
insured or others test For, monitor, insured.
clean up, remove, contain, treat,
a mises you own or rent that the person
respond to, or assess the effects
of, 'pollutants ; or normally occupies.
(2) Claim or suit by or on behalf of a d To a person, whether or, not an "am-
because of testing for. monitoring, the "bodily injury" are payable or must
cleaning up, removing, containing, be provided under a workers' compen-
treating, detoxifying or neutralizing, sation or disability benefits.law or a similar
or in any way respondIng to or as- law.
sessing the effects of, "pollutants". a To a person Injured while taking part in
COVERAGE C. MEDICAL PAYMENTS athletics.
1. Insuring Agreement f. Included within the"products-completed
oparationc hazard".
a We will pay medical expenses de- 9. Excluded under Coverage A
scribed below for 'bodily injury' caca used
by an accident h [Due to war,whether or not declared,or
1 On premises eu o an actorconditiionincide incident w a
nc udes civil war, insurrection, rebel-
(2) On ways next to premises you own Icon or revolution.
or rent; or
SUPPLEMENTARY PAYMENTS - COVERAGES
(3) Because of your operations; A AND B
provided that: L We will pay, with respect to any claim we
11) The accident takes place in the"cov- Investigate or settle,or any"suit"against an
erage territory"and during the policy insured we defend
period- All
12) The expenses are Incurred and re- b. The cost of bail bonds required because
ported to us within three years of of accidents or traffic law violations
the date of the accident; and arising out of the use of any vehicle to
(3) The injured person submits to ex- which ths Dodlly Injury Liabilitir Cover-
amination, at our expense, by phy- age applies. We do not have to furnish
sicians of our choice as often as we these bonds.
reasonably require. a The cost of bonds to release attach-
1?W Min
". % _Wllly -'
e will a these paymen s regar -less of fault Those payments will not the applicable limit of insurance We do exceed the applicable limit of Insurance not have to furnish these bonds.
We will pay reasonable expenses for d All reasonable expenses incurred by the
11) First aid administered at the time of insured at our requwl to assist us In the
an accident; Investigation or defense of the claim or
'suit", Including actual loss of earnings
12) Necessary medical, surgical, x-ray up to $250 a day because of time off
and dental services,Including pros- from work
thet(c devices; and e. All casts taxed against the Insured in the
13) Necessary ambulance,hospital,pro- "suit".
e nal nursing and funeral ser-
vicice.% f, Prejudgment interest awardad against the
s. _
a. that part of the p3dgJlLUl1LWe
2 Exclusions pay. If we make an offer to pay the ap-
We will not pay expanses for "bodily in- placable limit of insurance, we will not
' pay any prejudgment interest based on
jury tilat period of time after the offer.
IrRl ccwdmri e"Iaioi ai tn9/0av savi=oiim ire,.i�is,pohi=w
95200 1 Ed 4-99 �un Ims,nor and cu"".�',i'�s3vlm�iR� iesr
ry rGl'(prl�,is in idddollaill{OKI"hi r@Ilea; Page 7 of 17
Received Time Sep. 9. 2009 2: 38PM No, 4837
09109/2009 14:42 Humble & Davenport (FAR)425 255 9342 P.0111020
g. All interest on the full amount of any (21 Provides us with written authorize-
judgment that=f On O_
judgment and before we have paid, of-
f (aJ Obtain records and other infer-
ered to pay, or deposited in court the motion related to the"suit", end
part of the judgment that is within the
applicable limit of insurance (b) ConduGtapd eant_al. _defame_ _
These payments will not reduce the iIm is of the indemnitee in such "suit"_
of Insurance. 5o long as the above conditions are met,
2. If we defend ah insured against a"suit' and attorneys' fees incurred by us in the de-
an iMdPFnRA9e ., at inde
as a party to the "suit', we will defend that 'ion expenses incurred by us and necessary
indemnitee if all of the following conditions litigation expenses incurred by the indem-
are met nitee at our request will be paid as Supple-
mentary Payments.Notwithstanding thepro-
- - A, against Idle indemnitati seeks isl❑ns o aragrap 2.b. of SECTION I -
damages for which the Insured has as- COVERAGEA-BOMLYMURYAND PROP-
sumed the liability of the indemnitee in a ERTYDAMAGE LIABILITY, such payments will
contract or agreement that is an"insured not be deemed to be damages for "bodily
contract; injury' and 'property damage" and will not
b. This insurance applies to such liability reduce the limits of insurance,
assumed by the insured; Our obligation to defend an insureds In-
c. The obligation to defend, or the cost of demnitee and to pay for attorneys' fees and
FL.n,ln inse
t ..F sf..a•__t___ _r s lit RAhax cnnar as Supple nan
_Ul
been assumed by the insured in the same tary Payments ends when
"insured contract"; a. We have used up the applicable limit of
d_ The allegations in the "suit' and the In- insurance in the payment of judgments
formation we know about the "occur- or settlemants; or
rence"are such that no conflict appears b. The conditions set forth above, or the
to exist between the interests of the terms of the agreement described in
Insured and the interests of the indem- Paragraph f. above, are no longer met.
nitea;
- SUAED
e. The indemnitee and the insured ask us 1 It you are designated in the Declarations as:
ense of
to conduct and control the def
that indemnitee against such "sull;7 and a. An individual, you and your spouse are
agreethatwecan assign the same eoun- incurrde, but only with respect to the
sal to defend the insured and the in- conduct of a business of which you are
demnitee, and the sole owner.
f. The indemnitee: b. A partnership or joint venture, you are
ineftrerr v ...I_.._..
ners,and their spouses are also insureds,
(a) Cooperate with us in The inves- but only with respect to the conduct of
tigation, settlement or defense your business.
of the "suit; c, A limited liability company, you are an
►bj immediately send us copies of insured Your members are also insureds,
any demands, notices, sum- but only with respect to the conduct of
monses or legal papers received your business. Your managers are in-
in connection with the "sulE'; sureds, but only with respect to their
(c) Notify any other insurer whose duties as your managers•
coverage is available to the in- d. An organization other than a partner-
demnitee; and ship, joint venture or limited liability
(d) Cooperate with us with respect company,you are an insured. Your"ex-
to coordinating other applicable 2cu Ive officers" and directors are in-
insurance available to the indem- sureds, but only with respect to their
nitee; and duties as your officers or directors.Your
stockholders are also insureds,but only
with respect to their liability as stock-
Ird�a:�,nrdn cpyn nI N4earmm i=Ol Im life,N<Jf Iv pYrllrJol
SS2001 Ed. 4-99 001VIVn, ires ryt Ir-��smarm,of o r2, i i I
[nrwn/ aslood!llanl fwl nrdra+isefc Page 8 of 17
—Received Time—Sep. 9. -2009 2, 38PM No. 4837
0910912009 14:42 Humble&Davenport (FAH)425 255 9342 P.0121020
holders. Your subsidiaries, and subsid- any of your "employees", any _
lar'e�ef Subsidiaries-are-msureds partner or member(IF you are a
11) They are legally incorporated enti- partnership or joint venture),or
ties; and any member (if you are a limited
(2) You own more than 50%of the=flng
liability company).
stock in them as of the effective D. y person(other than your"employee"(,
date of this policy. or any organization while acting as your
real estate manager
If such subsidiaries are not shown In the c, Any person or organization having
Declarations, must emporaiy Gusto y of your property if
us withn 180 days of the inception of this policy. you die, but only:
Z Each of the following is also an Insured: (1) With respect to liability arising out
of the maintenance or use of that
a; Your"employees",cidia, than elther your property, and
"executive officers" (if you are an or-
ganization other than a partnership,joint been appointed
venture or limited liability company) or
your managers (if you are a limited ii- d. Your lags[representative if you die,but
ability company),but only for acts within only with respectto duties as such That
the scope of their employment by you representative will have all your rights
or while performing duties related to the and duties under this Coverage Part
conduct of your business,However,none
Of thOR-2 ..L..... " Anyper-son
nl
you agree, because of a written con-
(1) "Bodily injury" or"personal and ad- tract, to provide insurance such as is
vertising injury afforded under this policy,but only with
(al To you, to your partners or respect to liability arising out of your
members (tf you are a partner- operations, "your work" or facilities
ship or joint venture), to your owned or used by you.
members(if you are a limited)I- This provision does not apply.
ab)lity company),or to a co•-"em-
I.. ..n...4:1..
is either in the course of his or sor of (eased equipment, grantor of
her employment or performing a franchise, engineer, architect or
duties related to the conduct of surveyor; or
your business; 12) Unlesr,the contract has been signed
(h) To the spouse, child, parent, prior to the date of "hodily injury",
brother or sister of that co-"em- "property damage", or "personal or
ployee" as a consequence of advertising Injury".
Paragraph {t)(a) above Any -to Whom yu
(c1 For which there is any obligation are obligated by virtue of a written"in-
to share damages with or repay sured contract"to provide insurance such
someone else who must pay as is afforded by this policy, but only
damages because of the injury with respect to liability ansng cut of
described in Paragraphs 0)(a)or the ownership, maintenance, or use of
(b) above; or that part of any premises leased to you
This does not apply to:
(d) Arisipro-
viding or falling to provide out of his or her pro- (1) Any "occurrence" that takes place
fessional health care services. after you cease to be a tenant on
(21 "Property damage"to property. those premises.
(2) Structural alterations,new construc-
(a) Owned, occupied or used by, lion or demolition operationsper-
Rented to, in the care, custody orme y or on Behalf of such in-
or control of, or over which sured
physical control is being exer- g Any state or political subdivision,but only
cised for any purpose by you, as respects legal liability incurred by the
Lddv "!In¢r swims olim Lc.will P.�"isim
CTyri9S2001 Ed 4-99 cotdga ie� NbryOrIIM+ Itvr�"m'nsFin 12 Ism
ry ry pvq,as to adiLval nn4 mxl,Wls(ac Page 9 of 17
—Received Time—Sep. 9. 2009— 2:38PM No, 4837
0910912009 14:42 Humble&Davenport (FAX)425 255 9342 P.0131020
state or political subdivision solely be- offense committed before you acquired
calleta it has issued annex o e e orga za Ion.
lion with premises you own, rent, or No person or organisation is an insured with
control for one or the hazards listed below. respect to the conduct of any current or past
partnership,joint venture or limited liability com-
L s own as a ame Insure m
construction,erection,or removal of the Declarations.
advertising signs,awnings,canopies, SECTIOA! III - LIMITS OF INSURANCE
cellar entrances, coal holes, drive-
ways,maviholes,mar uees,hoistawa
openings, s I I vaults, street larations and the rules below fix the most
banners or decorations and similar we will pay regardless of the number of:
exposures;
a Insureds;
(2) The construction,erection or removal aims ma a or 'su Ys' rou ht or
o e eve ors; or 9
(3) The ownership, maintenance er use c. Persons or organizations making claims
of any elevators covered by this or bringing "suits".
insurance. 2_ The General Aggregate Limit is tS•ho mostwa
3. With respect to "mobile equipment'rsgis-- will pay for the sum of:
tered In your name under any motor vehicle a Damages under Coverage A, except
registration law, any person is an insured damages because of "bodily injury" or
while driving such equipment along a public .- da a "inC,.J_J I-IL_,L
ig way w your permission Any other per- ucts-completed operations hazer d%and
son or organization responsible for the con-
duct of such person is also an insured, but 1:L Damages under Coverage 9,
only with respect to liability arising out of The General Aggregate Limit applies sepa-
rhe operation of he equipment and only If rately to each location owned by or rented
no other insurance of any kind is available to you. Location,as used here,means pre-
to that person or organization for this li- mises involving the same or connecting lots,
ability.However,no person or organization or premises whose connection is interrupted
Is an insured with respect to: only by tree+ r...,J..„„
a. "Bodily Injury" to a co-"employee of of-way of a railroad
the person driving the equipment; or 3. The Products-Compfetsd Operations Ag-
b. "Property damage" to property owned gregate Limit is the most we will pay under
by,rented to,in the charge-of or orcu- Coveraga A for damages because of"6udily
pled by you or the employer of any injury" and "property damage" included in
person who is an insured under this the "products-completed operations haz-
provision. and".
4 Any ornnni7ation +nc.ndvr cMM, ^ the Personal
other than a partnership or joint venture, vertising Injury Limit is the most we will pay
and over which you maintain ownership or under Coverage B for the sum of all dam-
majority interest,will qualify as a Named In- ages because of all "personal and advertis-
sured if there is no other similar insurance ing injury" sustained by any one person or
available to that organization. However: organization.
a Coverage under this provision is afforded 5. Subject to 2. or 3. above, whichever ap-
only until the 180th day after you ac- plies, the Each Occurrence Limit Is the most
quire or form the organization or the we will pay for the sum of:
end of the policy period, whichever is a Damages under Coverage Ati and
earlier;
b. Coverage A does not apply to "bodily b. Medical expenses under Coverage C
injury" or "property damage" that cc- because of all "bodily Inju "and " ro e
curved erure you acquire or ormed arnage arising out of any
ane"occurrence".
the organization; and 6. Subject to 5. above, the Tenants Legal Li-
n Coverage B does not apply to"personal ability Limit is the most we will pay under
and advertising injury"arising out of an Coverage A for damages because of"prop-
hlh -OWnSh*n-rMdm,iai of 11 n1m rtt r=019M na W1h Ile Fanlodm
9S2001 Ed, 4-98 cgm+dm IMD�ryGral rermLry" C.mT+im'anm l t
�viry,".I o oddtiva LLat and ra+Idea Page 10 of 17
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09/09/2009 14:43 Humble&Davenport (FAX)425 255 9342 P.0141020
arty damage" to any one premises, while legal papers received in connection
Lv e e elm or"suit;
you with permission of the owner, arising
out of any one "occurrence" (2) Authorize us to obtain records and
7_ Subject to s, above, the Medical Expenseother Information;
age C for all medical expenses because of flog or settlement of the claim or
"bodify injury"sustained by any one person. defense against the"suit"; and
The Limits of Insurance of this Coverage Part 14) Assist us, upon our request, in the
period and to any remaining period of less than person or organization which may
12 months, staffing with the beginning of the be liable to the insured because of
policy period shown in the Declarations, unless injury or damage to which this in-
the policy period Is extended after issuance for surance may also apply,
an additional period of less than 12 months. In d. No insured will,except at that insured's
that case,the additional period will be deemed own cost, voluntarily make a payment
part of the last preceding period for purposes assume any obflgatfon, or incur any ex-
of determining the Limits of Insurance. pense, other than for first aid, without
SECTION IV - COMMEHMALGENERALLIABILt1Y our consent
CONDiI710113 e_ Knowledge of "occurrence", claim or
1. BanKruptcy "surf'by an agent servant or"employee"
gankr-uptey or of an insured (other than an officer or
pa er ❑es not imply knowledge by
of the Insured's estate will not relieve us of the Insured unless the insured has re-
our obligations under this Coverage Part ceived notice from the agent, servant
2. Duties in The Event Of Occurrence,Offense, or "employes".
Claim Or Suit f. Failure by an agent servant or"employee"
a You must see to it that we are notified of an insured [other than an "executive
as soon as practicable of an "occur- officer", manager or partner) to notify
rence" or an offense which may result us of an "occurrence" will not be con-
should include. graphs a and b. above_-
{i) How, when and where the "occur-
3. Legal Action Against Us
rence" or "offense" took place; No person or organization has a right under
(2) The names and addresses of any in- this Coverage Part
jured persons and witnesses, and a. To join us as a party or otherwise bring
(3) The nature and location of any in- us into a"suit"asking for damages from
jury or damage arising out of the an insured, or
"occurrence" or offense. h To sue us on this Coverage Part unless
b. If a claim is made or "suit" is brought all of its terms have been fully complied
against any insured, you must with
11) Immediatuly record the specifics of A person or organization may sue us to re-
the claim or"sulY' and the date re- cover on an agreed settlement or on a final'
calved; and judgment against an insured obtained after
an actual trial; but we will not be liable for
12) Notify us as soon as practicable. damages that are notpayable under the terms
You must see to Itthat we receive written of this Coverage Part or that are in excess
notice of the claim or "suit' as soon as of the applicable limit of insurance.An agreed
practicable. settlement means a settlement and release
of liability signed by us,the insured and the
c. You and any other involved fnsured ml rat• claimant or the rialim—
11) Immediately send us copies of any five.
demands, notices, summonses or 4, Motor Vehicle taws
ln&A=U+yoijllud"Itewl o1 Llb,ti Swlcw OrRm ke,Wd,11.F n=dm
ice=Savi=orar�I=, 1957
9S2D01 Ed, 4-99 ear^da lsaae "r aoaally to w"y m"mood le.tmcey"l am Page 11 of 17
—Received Time—Sep. 9. -2009— 2: 38PM—No, 4837
0910912009 14:43 Humble&Davenport (FAX)425 255 9342 P.0151020
With respect to"mobile equipment!'to which SECTION i - COVERAGE A -
OPERTY
a When this Coverage Part is certified as DAMAGE LIABILITY_
proof of financial responsibility under (2) Any other primary insurance avail-
the provisions of any motor vehicle fi- able to you covering iiabiJity for
nanclai ressnnnsibilit law, the insumnre damages arising our or the premises
provided by the Coverage Part for Bodily or oporations for which you have
inJury Liability or Property Damage Li- been added as an additional Insured
ability will comply with the provisions by attachment of an endorsement
of the law to the extant of the cover-
ag
an Iml s o Insurance required by I surance is excess, we will
that law. have no duty under Coverages A or B to
defend the insured against any claim or
b. We will provide any liability, uninsured "suit" If any other insurer has a fluty to
motorists, underinsured motorists, no- de
au _or a er coverages required by any .1suit". if no other insurer defends, we
motor vehicle insurance law. We will will undertake to do so, but we will be
provide the required limits for those entitled to the insured's rights against all
coverages. those other insurers.
3. Other I surance When this insurance is excess over other
eerr valid and collectible I r nce' avail- insurance, we will pay only our share of
able to the insured for a loss we cove(a sr the amount of the loss, If any, that ex-
Coverages A or 13 of this Covera e�Ra ceeds the sum of:
our o i a ions are limited as follows (1) The total amount that all such other
EL Primary insurance insurance would pay for the loss In
the absence of this insurance; and
This insurance is primary except when 12) The total of all deductible and�clf-
b_below applies. If this insurance is pri- insured amounts under all that other
mary, our obligations are not affected Insurance
unress any of the other insurance is also
primary.Then,we will share with all that We will share the remaining lass, if any,
other insurance by the method described with anv o Ir a+1z not -
c, a ow_ Iscribed in this Excess insurance provi-
b. Excess insurance slon and was not bought specifically to
apply in excess of the Limits of Insur-
This insurance is excess over: ante shown in the Declarations of this
(1) Any of the other Insurance,whether Coverayu Part
primary,excess,contingent or on any c. Method Of Sharing
other basis: If all of the other insurance permits corn
ia) That is Fire,Extended Coverage, tr'butio ir,o will foil--
Builder's Risk, installation Risk or this method also. Under this approach
similar coverage for"your work'; each insurer contributes equal amounts
until it has paid its applicable limit of
[bl That insures far direct physical insurance or none of the loss remains,
loss to premises rented to you whichuvur comes first
or temporarily occupied by you
with permission of the owner; If any of the other insurance does not
permit contribution by equal shares, we
(c) That is insurance purchased by
you to cover your liability as a will contributo by rlmits. Under this
tenant for"property damage'C o a method, oath insurers share is based
premises rented you or tern— on the ratio of its applicable limit of
porarily occupied by you with insurance to the total applicable limits
permission of the owner; or of Insurance of all insurers.
e oss arises out of the main-
tenance or use of aircraft, "au-
tos" or watercraft to the extent
not subject to Exclusion g, of
Irdidaa ssWridn "1'fiaro+w`sovia low j=.l IM7 a"�Fanijmat
9S2001 Ed. 4-99 c!WOII. Isle f-b Yreid r-"IV C'Raq,as Is)DIUIJ I Lad and rmtZloc Page 12 of 17
—Received Time—Sep. 9. 2009 2. 38PN-No, 4837
09109/2009 14A3 Humble&Davenport , (FAX)425 255 9342 P.0161020
a_ We will compute all premiums for this will not invalidate or affect coverage for
naver2gai Part In accordance Wi,U1 oul those premises or operations.But you must
rules and rates. report such error or omission to us as soon
h Premium shown in this Coverage Part as practicable after its discovery,
as advance premium is a deposit pre- 11.When We Do Not Renew
period we will compute the earned pre- if we decide not to renew this Coverage
mrum for that period. Audit premiums Part,we will mail or dallver to the first Named
are due and payable on notice to the Insured shown in the Declarations written
first Named Insured. If the sum of the notice of the non-renewal not less than 30
advance and audit premiums paid for the days beforea exp rauon a e-
policy period is greater than the earned if notice is mailed, proof of mailing will be
premium, we will return the excess to sufficient proof of notice.
the first Named Insured_
e tirst NamedInsured must keep
records of the information we need for 1. ''Advertisement"means a notice that is broad-
premium computation,and sand us copies cast or published to the general public or
at such times as we may request specific marketsegments about your goods,
products or services for the purpose of
7. Representations attracting customers or supporters.
By accepting this policy, you agree: 2. "Auto" means a land motor vehicle, trailer
a. The statements in the Declarations are or semitrailer designed for travel on public
a rirafa and n in 1—n-
equipment But"auto"does not include"mob{le
b. Those statements are based upon rep- equipment'.
resentations you made to us; and 3. "Bodily injury"means bodily Injury,sickness
c. We have issued this policy in reliance nr disease sustainad by a parson. This in-
upon your representations. eludes mental angulsh, mental injury, shock,
B. Separation Of insureds fright or death resulting from bodily injury,
sickness or disease.
Except with respect to the Limits of Insur- "
nre, andany rights oi= dtjr�esspecifical CnVPran a ritnn,'
assigned in this Coverage Part to the first a_ The United States of America (including
Named insured, this insurance applies: its territories and possessions), Puerto
a. As if Each Named Insured were the only Rico and Canada;
Named Insured; and b. International waters or airspace, pro-
b. Separately to each insured agalnstwhom vided the injury or damage does not
claim is made or "suit" Is brought occur in the course of travel or trans-
portation to or from any place not in-
9. Transfer Of Rights Of Recover aainst in a
Offers To Us c All parts of the world if:
If the insured has rights to recover all or 1
part of any payment we have made under 1) The injury or damage arises out of
this Coverage Part, those rights are trans- lal Goods or products made or sold
ferred to us. The insured must do nothing by you in the territory described
after loss to impair them At our request, in a. above; or
the insured will bring"suit'or transfer those {61 The activities of a 'son whose
rights to us and help us enforce them, home is In the territ ry iiabcnbed
This condition does not apply to Coverage in a above,butts away for a short
C. Medical Expenses. time on your business; and
10.Unintentional Errors And Omissions (2) The Insured's responsibility to pay
An uniRtentienal error ur oil"as'on in the damages 1&(later din •f,
description of, or failure to completely the merits,in the territory described
describe, any premises or operations in- in aabove or in a settlement we agree
tended to be covered by this Coverage Part to.
lndL.Lk ccW jwd rmewial W I�svmra,afrnt im.mih Ib prrri_dm
9S2001 Ed. 4-99 Ccmnuh• r%ww-roi �i1@'orc�I,r 1997
P��M•nn toodiuwl Iwl nrd rwlhvu Page 13 of 17
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0910912009 14:44 Humble&Davenport (FAX)425 255 9342 P.0171020
5. "Employee"includes a"leased workar"."Em- to a third person or or anfzat. Tort
" . r J y means aliabilitythat would be
worker' imposed by law in the absence of any
H. "Executive officer'means a person holding contract or agreement
any of the officer positions created by your Paragraph f. does not include that part
n ac or agreement
similar governing document
(1} That indemnffiesa railroad for"bodily
7. "Hostile fire" means one which becomes injury" or"property damage" arising
uncontrollable or breaks out from where it out of construction or demolition
was irttgnicled to he operations, wd in 50 feet of any
8. "Impaired property" means tangible prop- railroad property and affecting any
erty, other than "your product" or "your railroad bridge or trestle, tracks,
work",that cannot be used or is less useful road-beds, tunnel, underpass or
her uSe- crnccing-
a. It incorporates "your product' or"your (2) That indemrJffies an architect, engi-
work" that is known or thought to be Neer or surveyor for Injury or darn-
defective, deficient,inadequate or dan- age arising out of:
geroug_ or (a) Preparing, approving, or fang
b. You have faded to fulfill the terms of a to prepare or approve, maps,
contract or agreement; shop drawings,opinions,reports,
if such property can be restored to use b o�derpr field ordersd Speer
'� r s g�� -pe
a. The repair, replacament adjustment or fications; or
removal of "your product' or "your (b) Giving directions or instructions,
work"; or or failing to give them, if that is
b. Your fulfilling the terms of the contract the primary cause of the injury
or agreement or damage; or
9, "Insured contraOC' means: (31 Under wlifch the insured, if an ar-
chitect engineer or surveyor, as-
a A contract for a lease of s I'ahility Jr ; . ,._ 4-
01
owever, that portion of the contract age arising out of the insured's
for a lease of premises that Indemnities rendering or failure to render pro-
any person or organization for damaga fessional services, including those
by fire to premises while rented to you listed in (2) above and supervisory,
or temporarily occupied by you with inspectlon,architectural or engineer-
permission of the owner is not an"in- ing activities
sured contract; 10."Leased worker' means a person leased to
b. A sidetrack agreement; you by a labor leasing firm under an a ree-
c. Any easement or license agreement, n you an e a or leasing firm,
except in connection with construction to perform duties related to the conduct of
or demolition Operations on or within Your business. "Leased worker' does not
50 feet of a railroad; include a Oternporary worker.
d An obligation,as required 6y Ordinance, t 1."Loading or unloading" means the handling
to indemnify a municipality, except in of property:
connection with work for a municipal- a After it is moved from the place where
Ity: it is accepted for movement Into or onto
a. 'An elevator maintenance agreement; an aircraft, watercraft or "auto";
f. Thatpart of any other contract Or agree- b. While it is In or on an aircraft, water-
ment pertaining to your business(includ-
ing an indemnification of a munfcfoa't c. While is beinn movad
n connect on with work performed for craft, watercraft or "auto"to the place
a municipality) under which you assume where it Is finally delivered:
the tort liability of another party to pay
for"bodily injury"or"property damage" but"loading or unloading" does not include
the movement of property by means of a
IrcJ,das—ynd1Ld, q1Mial or'—srVk=o1ffM hc,rJ,f,lm PMMErJM
CCD 1997
962001 Ed. 4-39 �dn IMR Nryfam TL Gw�rC.,p y.�arrm oil su- l i l and rm J rs
Page 14 of 17
—Received Time—Sep. 9. -2009 2:38PW_k4837
09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.0181020
mechanical device,other than a hand truck, (3) Air compressors, pumps and gen—
that IS net-,attashad-#o tie A Cl?3fik UVIItel — o including spraying,welding,
craft or "auto". building cleaning,geophysical expfo-
12"Mobile equipment" means any of the fol- ration, lighting and well servicing
lowing types of land vehicles, including any equipment
means an accident, lincludIng
a Bulldozers, farm machinery,forklifts and continuous or repeated exposure to sub-
other vehicles designed for use princi- stantia)fy the same general harmful condl-
pally off public roads; bons•
153. verlicies maintained for use solely an 147 a ve s ng In ur means m-
or next to premises you own or rent: jury, including consequential"bodily Pnjury",
arising out of one or more of the following
c Vehicles that travel on crawler treads; offenses:
rest,detention or Imprisonment,
maintained primarily to provide mobility to permanently mounted. 6 Malicious prosecution;
(1) Power cranes,shovels,loaders,dig- c• The wrongful eviction from, wrongful
gets or drills; or entry InW, or invasion of the right of
prJvate occupancy of a room, dwelling
121 Road construction or resurfacing or premises that a person occupies,
equipment such as graders, scrap— committed by or on behalf of its owner,
ers or rollers; landlord or lessor;
e Vehicles not described in a., b., c.or d, d Oral or written publication of material
above that are not self—propelled and that slanders or libels a person or or—
are maintained primarily to provide mo— ganization or disparages a person's or
bility to permanently attached equipment organization's goods, products or ser—
of the following types vices;
(1) Air compressors, pumps and gen— e. Oral or written publication of material
orators, including spraying, welding, that violates a person's right of privacy;
building cleaning,geophysical expfo— M' r nria '
IP.d.....— ..,.J
equipment; or style of doing business; or
(2) Cherry pickers and similar devices g. Infringing upon anottier's copyright,trade
used to raise or lower workers; dress or slogan in your"advertsement".
f Vehicles not described in a, b., c,or d. 15."Pollutants' mean any solid, liquid, gaseous
above maintained primarily for purposes or thermal irritant or contaminant, including
other than the transportation of per- smoke, vapor, soot, fumes, acids, alkalis,
sons or cargo.
chemicals and waste.Waste includes mate-
S anc P ycle r.rli e... o _
owever, self—propelled vehicles with claimed
the following types of permanently at—
tached equipment are not"mobile equip-
16 "products-completed operations hazard":
mant" but will be considered "autos"- a Includes all "bodily injury" and"property
(1) Equipment with a gross vehicle damage" occurring away from premises
weight of 1000 lbs. or more and you own or rent and arising out of"your
designed primarily for, product" or "your work" except
{a) Snow removal; (1) Products that are still In your physi-
cal possession; or
(b) flood maintenance, but not con- (z) Work that has not yet been com-
pleted or abandoned However,"your
(c) Street cleaning; work" will be deemed completed at
(2) Cherry pickers and similar devices
e earliest of the following times;
mounted on automobile or truck (a) When all of the work called for
chassis and used to raise or lower in your contract has been com-
workers; and pieted
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9S2001 Ed 4-99 MtWOn IRK M in.ml coyly�,r•01 roadie 1lI1v and=Is=
Page 15 of 17
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09109/2009 14:44 Humble&Davenport (FAX)425 255 9342 P.O191020
(b) When all of the work to be done b. Any other altemattvs dispute resolution
at the job Site has been con proceeding in which such damages are
plated If your contract calls for claimed and to which the insured sub—
work at more than one job site. mits with our consent
(c) Whan that part of the work done 19."Temporary worker" means a person who
at a�ala site has ose s Ise o you to substitute for a per
intended use by any person or manent "employee" on leave or to meet
organization other than another seasonal or short—term workload condition,.
contractor or subcontractor
working on the same project 20."Your product' means:
Work that may need service,main— a Any goods or products, other than real
tenance, correction, repair or re— property, manufactured, sold, handled,
placement, but which is otherwise distributed or disposed of by.
complete, will be treated as com—
pee .
b, Also includes "bodily In'ur 'and" ro _ (2) Others trading under your name;or
arty damage'arising from the consurnp— (3) A person or organization whose
tion of food or beverages sold,handled business orassetsyou have acquired;
or distributed as "your product' at any and
premiss you awn or rent b- Containers (other than vehicles), mate—
C. Does not include"bodily injury"or"prop- rials, parts or equipment furnished in
arty damage" arising out of: connection with such goods er orod—
uc s,
(1) The transportation of property,un—
less the injury or damage arises out "Your product' includes:
of a condition In or on a vehicle a. Warranties or representations made at
created by the "loading or unload— any time with respect to the fitness,
ing" of that vehicle; quality, durability, performance or use
(2) The existence of tools, uhinstalled of"your product'; and
equipment or abandoned or unused b. The providing of or failure to provide
materials; or
(3) Products or operations for which the "Your product'doas not include vending ma—
classification, listed in this Cover— chines or other property rented to or lo—
agePart,states that products—com—
pleted operations are subject to the ca#ed for the use of others But not sold.
General Aggregate Limit 21."Your work" means:
17.'Property damage" means: a Work or operations performed by you
a Physical injury to tangible property, In— or on your behalf, and
-- umis e
property. All such loss of use shall be in connection with such work or op—
deemed to occur at the time of the erations
physical injury that caused it; or "Your work" includes-
b. Loss of uec of tangible property that is a. Warranties or representations made at
not physically injured. All such loss of any time with respect to the fitness,
use shall be deemed to occur at the lime quality, durability, performance or use
of the 'occurrence that caused It of "your work';and
18.'SL[f' meare a civil proceeding iih which b. The providing of or failure to provide
damages because of"bodily Injury","prop— warnings or instructions.
erty damage" or "personal and advertising
injury" to which this insurance applies are SECTION VI - NUCLEAR ENERGY LIABILITY
alleged "Suit?' includes EXCLUSION
a An arbitration proceeding In which such The insurance does not apply:
damages are claimed and to which the insured mustsubmit or does submitwith 1. Under any Liability Coverage, to "bodily in—
cur consent; or jury" or"property damage"
IrcAdas crpodaal IM]Wul d Irmrarca Fi•tFy-olr, .Im.Ndr 1,P,,N4m
9S2001 Ed 4-99 cy� ,�ao,pyrr 1�.Ia'°m'arnm1=. IM7
r ry Carprq,as Iaacuga l unr nN rwloay Page 16 of 17
—Received Time—Sep. 9, -2009— 2: 38PM No, 4837
09/0912009 14:45 Humble 8 Davenport (FAX)425 255 9342 P.0201020
a. With respect to which an Insured under As used in this exclusion:
nuclear energy liability policy issued by "Hazardous properties' include radioactive,
Nuclear Energy Liability insurance As- toxic or explosive properties
sociation, Mutual Atomic Energy Liabil- "Nuclear material" means"source material,"
ity Underwriters,Nuclear Insurance As- and "
o aria a or any of their material,"which have the meanings given them
sociarionsuccessors,or would be an Insured under in the Atomic Energy Act of 1954 or in any
any such policy but for its termination law amendatory thereof;
upon exhaustion of its limits of liability;
or "SWlt fuel" weans arry-fIIei�;�,
component, solid or liquid, which has been
b. Resulting from the"hazardous proper- used or exposed to radiation in a nuclear
ties" of "nuclear material" and with re- reactor";
spent to which I I)any person or orga-
nization is rennired+ r "Waste" Mean wastM meta'-' "'
--�__,-� -.o-,.antain�in3,.eia�- a-�r-
protection pursuant to the Atomic En- taining"by-product material"other than the
ergy Act of 1954, or any law amenda- tailings or wastes produced by the extrac-
tory thereof, or (2) the Insured is, or tion or concentration of uranium or thorium
had this policy not been issued would from any ore processed primarily for its
be,entitled to indemnity from the United "source material" content, and (2) resulting
States of America,or any agency thereof, from the operation by any person or erga-
under any agreement entered into by the nization of any"nuclear facility"included under
United States of America,or any agency the first two paragraphs of the definition
thereof, with any nerann ar iaa- of "nuclear farili��"
tion. "Nuclear facility" means:
2. Under any Medical Expenses coverage, to a. Any "nuclear reactor";
expenses incurred with respect to "bodily
injury"resulting from the"hazardous prop- h Any equipment or device designed or
erties' of "nuclear materlal"and arising out used for (I I separating the Isotopes of
of the operation of a "nuclear facility" by uranium or plutonium,(2)processing or
any person or organization, utilizing"spent fuel",or(3)handling,pro-
cessing or packaging "waste";
3. Under env L PfanP t "hn'li l., l —
jury' or "property damage" resulting from c. Any equipment or device used for the
the"hazardous properties"of"nuclear ma- processing, fabricating or alloying of
terial", If: "special nuclear material" if at any time
the total amount of such material in the
a. Tha"nueiear material"(1)is at any nuclear custody of the insured at the premises
faclllty owned by, or operated by cr on where such equipment or device is lo-
behalf of, an insured, or (2) has been sated consists of or contains more than
discharged or dispersed therefrom; 25 grams of plutonium or uranium 233
b The "nuclear material" +�R _ or anv rnmF,in tF 2-f OF M e U-
"spent fuel" or"waste"at any time pos- 250 grams of uranium 235;
sessed,handled,used,processed,stored, d. Any structure, basin, excavation, pre-
transported or disposed of by or on mises or place prepared or used for the
behalf of any insured; or storage or disposal of "waste";
c. The "bodily injury" or "property dam- and includes the site on which any of the
age" arises out of the furnishing by an foregoing is located,all operations conducted
Insured of services, materials, parts or on such site and all premises used for such
equipment in connection with the plan- operations;
ning,construction,maintenance,opera-
tion or use of any "nuclear facility", but "Nuclear reactor" means any apparatus de-
if such facility is located within the United signed or used to sustain nuclear fission in
States of America, its territories or a self-supporting chain reactionortocon-
ions or Ca ad , i rf tain a c itr -h1-opeps
only to"property damage"to ^property damage"includes all forms of ra-
such "nuclear facility" and any property dioactive contaminatlon of property.
thereat
Ird,dv a*rdd=d mlyyaiat ur In j=S.v;=omay lie,wihiu µ�m!mim
C"rr197
9S2001 Ed 4-99 �� IQ39 !Aryrve C.a.1.aary CmTwre,°s o aldidavl9 ed and rn4 bu
Page 17 of 17
—Receiaed Time—Sep. 9. -2009— 2:38PW-No. 4837
REQUEST FOR MAYOR'S SIGNATURE
Please FIII in All Applicable Boxes
KENO This WhSNINGTON form must .be printed on cherry paper
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator Beth Tan Phone (Originator) 5552
Date Sent 8/3/11 Date Required. 8/10/11
Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 12/31/12
VENDOR NAME: Rittenhouse Consulting DATE OF COUNCIL APPROVAL: 8/2/11
Brief Explanation of Document
The attached agreement is for Rittenhouse Consulting to provide professional negotiation services for the acquisition of
right-of-way for the SR 516 to 231st Way Levee project For a summary, please see the attached prepared by Beth
Tan
RECENED
All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received Clty of Kent
RECEIVED UZ:
the MaYOr
'
Approval of Law Dept r�/'
(
Law Dept Comments AUG 04 2011 /tVvvk
!CENT LAW D-EPT.
Date Forwarded to Mayor
f
Shaded Areas to Be Completed by Administration Staff
Received:
Recommendations & Comments:
Disposition: /47
CFV Y K'PW
Date Returned:
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